Illinois Self-Defense Laws May Be Different Than You Think

 Posted on October 17, 2024 in Criminal Defense

While we all have a right to defend ourselves when threatened with injury or harm, it is important that you understand the legal grounds for using force – particularly excessive force – in these circumstances. If you do not have a good understanding of Illinois self-defense laws, you could find your future and your freedom in jeopardy.  Self-defense is certainly a justification in many situations, but the self-defense laws in the state may not be what you think they are.

A core aspect of self-defense in Illinois is the principle of "reasonableness." This means that given the same set of circumstances, an average person in the same situation would consider your use of force reasonable. This objective standard is meant to ensure the use of force is justified. If you have been charged with a criminal offense after using self-defense in a situation that made you believe it was necessary, you need experienced legal assistance. A Joliet, IL criminal defense attorney from the Law Office of Eric J. Blatti, P.C. can help ensure you receive a strong defense.

Illinois Does Not Have a "Stand Your Ground" Law

While 27 states have a "stand your ground" law, Illinois is not one of them. In this state, you have a duty to retreat in a public space if it is safe to do so. The use of force when defending yourself or a loved one in public is only justified when you have absolutely no way to make a safe escape. If someone is threatening you in your home, there is no duty to retreat under the castle doctrine.  

If a person is threatening you in your home, you have the legal right to use force – even deadly force – to protect yourself against an intruder but only proportionate to the threat at hand. While the castle doctrine does permit the use of force to prevent or terminate an unlawful entry or attack, you must have a reasonable belief that the person is a true threat beyond the fact that he or she is on your property uninvited. If you are being robbed or physically assaulted in your home or on your property, Illinois allows the use of proportional force.

If an uninvited person is waving a butter knife at you, blasting them with a shotgun is probably not going to be viewed by the law as a proportional force.  Excessive force beyond what is required to neutralize a threat is not allowed. Your response to a threat must not be excessive and must not escalate the situation at hand. You have the right to defend others under the castle doctrine only if you believe that person is in imminent danger of severe bodily harm or death.

In any scenario, self-defense is an affirmative defense. This means the threat to you or a loved one must be imminent, and you have no choice but to use force to avoid the threat. The threat must also be unlawful. You cannot claim self-defense against a law enforcement officer who is legally performing his or her job.

What Weapons Are Considered Legal for Self-Defense?

The weapons considered legal in Illinois for self-defense purposes include:

• Pepper spray

• Stun guns or tasers if you possess a valid FOID (Firearm Owner’s Identification) card

• Common household items only if you have no other weapon available

• A firearm, if you meet the legal criteria and have a valid FOID card

Contact a Will County, IL Criminal Defense Attorney

If you are in a situation that requires self-defense, it is important that you contact a Joliet, IL criminal defense attorney as quickly as possible. This can make a significant difference in the outcome of any criminal charges. Attorney Eric J. Blatti is local to the Joliet area, has experience working as a public defender, and has excellent relationships with judges and other attorneys. To discuss your case and explore your defense options, contact the Law Office of Eric J. Blatti, P.C. at 815-744-2500 for a free initial consultation.